3 minute read
President Imposes Additional Discipline; Can President Scream?
By Kelly G. Richardson, Esq. CCAL
building relationships with in-person attendees.
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Pros of In-Person Meetings
1. Personal Interaction
One of the main benefits of in-person meetings is the opportunity for personal interaction. In-person meetings allow attendees to connect on a more personal level, build relationships, and develop trust.
2. Higher Engagement
In-person meetings can also lead to higher levels of engagement among attendees. Attendees are more likely to participate and contribute when physically present, leading to more productive and effective meetings.
3. Better Communication
In-person meetings can also facilitate better communication among attendees. Nonverbal cues and body language are easierto interpret in person, which can help avoid misunderstandings and improve communication.
Cons of In-Person Meetings
1. Cost and Logistics
In-person meetings can be costly and time-consuming to organize. Businesses may need to rent meeting spaces, provide travel and accommodations for attendees, and coordinate schedules. Additionally, in-person meetings may be less flexible than hybrid meetings, making them hard to coordinate.
2. Limited Accessibility
In-person meetings may also be less accessible for individuals with disabilities orother limitations. Attendees may need to travel to a specific location, which can be difficult for individuals with mobility issues or other disabilities. Additionally, in-person meetings may be less accessible for remote ordistributed teams.
3. Environmental Impact
In-person meetings can have a significant environmental impact, particularly if attendees need to travel long distances.
While I feel that we should not just forget about amazing technology, which allows virtual meetings from anywhere in the world and is super efficient. I do feel that in-person meetings, at least once a month or more, should still happen if possible, as the energy, connection, and collaboration are so much more powerful in person. REALTORS® are using this virtual technology to better assist their clients with virtual walkthroughs, video tours, and FaceTime videos through properties. These are a fantastic way to assist buyers and sellers connect and highlight properties efficiently and with clients not local.
Embrace new technology, but always remember that a human in-person connection is ver y impactful.
Dear Kelly:
I had a hearing regarding a rules violation. I thought it was unfair and asked for an internal dispute resolution (“IDR”) meeting. My punishment from the board was a suspension of privileges. At the IDR, the President (the one that pursued the violation against me) showed up with the member I asked for, to conduct the IDR. The president then added to the board’s discipline by adding a fine, ordering me not to attend board meetings, and said all this would also apply to my wife! Is this Legal? I feel that I was tried twice — Once by the board and then by the president.
Dear B.G.:
– B.G.
If the President was the complaining party, then the president should not have participated in the disciplinary hearing or the IDR meeting due to the president’s personal conflict of interest on the matter. As to the additional disciplinary measures, the president has no individual authority. Per Civil Code Section 5855, only the board can impose discipline after written notice and a hearing. Also, many HOAs are erroneously suspending member voting rights as a disciplinary measure, but that is not allowed pursuant to Civil Code Section 5105(g)(1). Sorry B.G., but your board may need to remind the president that the board runs things, not the president.
Dear Mr. Richardson:
– Best, Kelly.
I spoke for my time in open forum inquiring about the status of some incomplete projects. The president screamed at me, calling me a liar and saying I was spreading misinformation to homeowners. Is this proper conduct for a president in Open Forum to scream at a homeowner?
– D.S.
Dear D.S.:
Open forum is the time for the board to listen, not argue or respond. The president’s response indicates a misunderstanding of the function of open forum. Yelling in a board meeting should never be acceptable behavior, no matter how strongly someone might disagree. Remember, you’re all neighbors, and you have to live together in peace. How is that possible when if the HOA allows such behavior? Meeting conduct rules would help your HOA, and such conduct rules should apply to all attendees — including the president. HOA leaders need to model a high level of civility, and it sounds like this is not occurring in your association.
– Best to you and your association, Kelly.
Hi Kelly, Is it true that a homeowner is accused of a violation cannot sue the HOA? My HOA is accusing me of something that I didn’t do, and they want to fine me. I need to take them to court if necessary. I will not be fined for something that I did not do. Is there a court remedy?
– Thanks, C.C., Redwood City.
Dear C.C.:
You can sue your HOA for declaratory relief if you disagree with a disciplinary decision. However, before you take such a drastic step, consider if it’s truly worth it. Pursuant to Civil Code Section 5975, the prevailing party in a dispute over enforcement of the governing documents is to be awarded their reasonable attorney fees. This could be a very expensive gamble. Consider the overall picture and decide whether the expense of your own attorney and the risk of an expensive adverse outcome, is worth it.
– Sincerely, Kelly.
